While it’s true that many work accidents are the result of unsafe working conditions and environmental hazards, the root cause of many workplace accidents has to do with the events leading up to the incidents.
The link between a lack of training and work injuries is often overlooked. As such, our Corpus Christi work injury attorneys are here to shed some light on how inadequately-trained workers lead to a high risk of workplace accidents and injuries.
Common Examples of Inadequate Training
Employees who don’t receive proper training before being allowed to work pose a danger to themselves and those whom they are working with. The Occupational Safety and Health Administration (OSHA) specifically cites a lack of training as a leading hazard in workplaces across the U.S.
Below are some common examples and scenarios of inadequate training that can—and do—lead to workplace injuries:
- An Employee Is Unqualified for Their Position. Employers typically want new workers to begin their full job duties as soon as possible, but they may let them start working before an employee is fully qualified to perform in their position.
- An Employee Is Not Provided Adequate Safety Procedures or Protocols to Follow. It’s important for all employees to be aware of the risks of the work they are performing and what steps they must follow to reduce the risk of injury, whether it be from verbal communication or signage.
- A New Employee Is Not Properly Supervised. Employees who are still receiving training should be supervised at all times and provide feedback and corrective action.
- An Employee Is Not Provided Detailed Information About the Risks. Certain occupations require more detailed information regarding the potential risks and how to avoid certain accidents and injuries.
- An Employer Fails to Keep Records of Training or Qualifications. All employers should be aware of their workers’ strengths and weaknesses; beyond that are required to know what qualifications they have so they know if a worker knows how to properly and safely perform a job.
- An Employer Fails to Determine Whether a Worker Is Suited for a Job. Workers should have regular check-ups with their supervisors in order to determine whether the employee is suited for the job and put in a position they can actually excel in and perform safely.
How Inadequate Training Impacts Your Potential Claims
If you are injured in a workplace accident and you believe inadequate training played a role in the incident, you have a few potential options for pursuing compensation. If you are covered by workers’ compensation insurance, you will be able to file a claim in order to get workers’ comp benefits. By doing so, the law prohibits you from filing a lawsuit against the employer.
As we’ve discussed in one of our previous blogs, employers in Texas are not legally required to offer workers’ compensation coverage. So you if you are injured and you don’t have the option of pursuing benefits, you may be able to file a lawsuit against your employer for negligence.
The third option is filing a third-party lawsuit against another party who played a role in your work accident; some common parties names in work-related third-party lawsuits include:
- Parts manufacturer
- Maintenance company
- Drivers and operators
- Safety inspectors
- Designers and engineers
- Property owners
We know that this can be a complex and confusing process, especially if you have never been through it before (which, hopefully, you haven’t). Your attorney will be able to review the details of your specific case to determine what your best legal options are for recovering your losses.
Helping You Move Forward With Your Life
At The Edwards Law Firm, we truly understand just how much your recovery is dependent on the compensation and benefits you receive after being injured at work. For nearly five decades, our legal team has been committed to helping injured workers across Texas heal the right way.
Whether you need assistance filing a workers’ comp claim, pursuing a third-party lawsuit against your employer, or just sitting down and discussing your legal options, we are here for you.
Call The Edwards Law Firm at (361) 541-6333 or contact us online to get started on your work injury case today.